Charlotte Personal Injury Lawyer Blog

After the cruise ship Costa Concordia cap-sized off the coast of Tuscany, reminding many of the Titanic, the media promptly began questioning the safety procedures of the ship's owner and the cruise line industry as a whole. According to Helen Kearns, a spokeswoman for the European Union transportation commissioner, the cruise line industry has expanded in recent years. The ships have increased in size to accommodate the increase in passengers. The increase in the size of these vessels has raised substantial questions whether the crew and passengers receive adequate information and training regarding various safety procedures. Obviously, it is harder to manage a larger number of people on a larger ship. Furthermore, individuals on vacation want to relax rather than spend large amounts of time learning safety procedures. However, according to passengers aboard the Costa Concordia, they were never required to attend safety meetings despite cruise line policies. Passengers also claim that the crew members were confused and unprepared to act as the ship cap-sized. The later allegation clearly indicates the necessity of such training.

Other questions that have been raised are concerned with the captain's discretion in the cruise ship's route, especially given the advances in technology that exist to keep ships on the proper route. According to officials, a company director normally transmits the proper course to the captain and a navigating officer, who are instructed to follow the course. The chairman of Costa Corciere claims the vessel was properly routed, and the sole reason the ship veered off course was a result of the captain's unapproved actions.

The captain claims the ship hit an uncharted rock. However, given the extensive technology that exists on the bridge of a cruise ship, it seems odd that a crew member would not have seen the rock struck on one of various pieces of equipment at their disposal. As a result, the ship's captain faces criminal charges for manslaughter and abandonment of the ship.

Continue reading "Cruise Ship Disaster Teaches Importance of Safety Procedures In Charlotte" »

A Monroe doctor has agreed to pay nearly $1 million dollars to the N.C. Medicaid program for defrauding Medicaid. According to authorities, Dr. Millicent Francis-Lane submitted requests to Medicaid for reimbursements for procedures she actually didn't perform between 2003 and 2009. Dr. Francis-Lane's settlement is a result of the U.S. Attorney for Charlotte and the Western District of North Carolina's pursuit to uphold the False Claims Act, a program intended to protect Medicaid and other programs from fraud.

Defrauding Medicaid and other health care programs presents a growing obstacle to the public's access to health care. These health care programs are taxpayer funded, meaning their resources are not infinite. Furthermore, a large amount of people rely on the services provided by these health care programs. As fraud increases, their resources deplete, meaning the programs cannot meet the need for their services. In other words, the availability of these health care programs decrease, the services they provide decrease, and the public's access to health care and quality services further decrease.

Continue reading "Medicaid Fraud: The Effect On North Carolina's Injured Workers" »

Mark Lindquist is a hero for attempting to save three mentally disabled adults from a tornado that hit Joplin, Missouri in May of this year. The tornado spawned 200 mph winds, causing massive destruction in the Missouri region. Mr. Lindquist suffered extensive injuries during the rescue, including multiple broken ribs, a badly broken shoulder, and the loss of most of his teeth. Mr. Lindquist was in a coma for nearly two months as a result of neurological injuries.

Mark Lindquist has incurred over $2.5 million in medical expenses. His extensive injuries require over ten prescription medications, and he will likely require further surgery.

Continue reading "Denial Of Joplin, MO Hero's Workers' Compensation Claim Is Valuable Lesson For Charlotte Workers" »

Twenty years ago, North Carolina witnessed its worst industrial accident during a fire at a chicken plant in Hamlet, NC. OSHA officials had never inspected the plant. Twenty five people were killed as a result of the fire, primarily because doors at the plant had been locked to prevent theft. OSHA officials found over 80 violations after the accident.

As a result of the infamous Hamlet accident, OSHA increased the number of state inspectors and vowed to increase employer inspections to further workplace safety. Although the program may have had some success initially, statistics indicate that OSHA's progress has declined over the past the decade.

OSHA inspections and citations have decreased dramatically, reaching North Carolina's lowest level since the Hamlet fire. Meanwhile, workplace fatalities have increased more than 40 percent over the past year. 2010 monetary penalties for workplace violations did increase substantially compared to recent years. However, the average fine for a serious violation was only $884, a small number in comparison to the national average.

One major challenge is that the reporting of workplace injuries is based on an honor system, meaning it is the employers' duty to report the injuries to the state (absent a fatality). As such, many injuries go unreported, thus skewing the statistics on workplace safety.

Continue reading "North Carolina Worker Safety On The Decline" »

Richard Thomas Yoost was a resident of Rock Hill, South Carolina. He worked at the Lowes Home Improvement store on South Boulevard in Charlotte, North Carolina. According to authorities, Mr. Yoost sustained fatal head injuries Saturday, June 11, 2001 when he was struck by a garage door.

Lowe's Officials indicated this is the first fatal work accident at the South Boulevard location. They also confirmed no other workers were injured.

Charlotte Mecklenburg Police and the North Carolina Department of Labor (OSHA) continue to investigate the matter. OSHA will conduct a mandatory investigation and report due to the fatality.

This incident is a horrible reminder that every workplace has the potential for accidents, some of which can inflict even fatal injuries. Thousands of Carolinians are injured every year in our state while simply attempting to earn a living for their families. This scenario is a primary reason I have continually warned Charlotteans about recent legislative proposals.

Workers' compensation law is an extremely difficult area of the law for injured employees to understand. Employers and their insurance companies have no legal obligation to treat their injured employees fairly nor tell you the truth regarding the law. Therefore, it is very important to promptly speak with a knowledgeable Charlotte workers' compensation lawyer immediately after you are injured to obtain a free consultation.

CharlotteObserver.Com, Lowe's employee dies in storage building, 06/13/11

The N.C. House Tort Reform Committee is expected to vote on >HB 709 Thursday (05/12/11). As previously noted, this is a terrible proposal lobbied by the insurance industry to shift the costs of workplace injuries onto taxpayers and Medicare/Medicaid/Social Security Disability.

The sponsors of HB 709 have continued to blatantly lie to their constituents about the ramifications of this proposal. The bill's proponents have also misrepresented the need for the "reform". Ironically, as the Committee prepares to vote on the bill, Illinois companies are relocating to North Carolina for a more lucrative economic climate and more favorable workers' compensation laws.

Bloomington, Illinois based Electrolux is relocating to North Carolina. Tom Mercier, the President of Bloomington Offset Process Inc. (BOPI) noted his company operates in the business-to-business market. Thus, they would potentially follow other companies who relocate. Electrolux is taking over Fifth-Third Bank's University office space, as the bank is consolidating office space and relocating uptown. Fifth-Third Bank's move is yet another example of a North Carolina corporation becoming further entrenched in NC's favorable economic climate.

The message is clear - North Carolina has a very competitive economic package to offer businesses. Companies that are here are growing, despite a difficult overall economic period. Other businesses are relocating from around the nation. Yet, your NC legislature has their own agenda; Hmm...

If you would like to discuss the pending workers' compensation legislation, please contact our office. If you have sustained an injury, whether in an auto accident or at work, it is important that you promptly speak with a Charlotte personal injury lawyer regarding the circumstances of your situation.

FoxIllinois.com, Businesses wait while Illinois lawmakers talk about workers' comp, 05/04/11

WCNC.com, Electrolux moving headquarters to charlotte, 12/16/09

The N.C. Legislature's House Select Committee on Tort Reform will meet Thursday, May 5, 2011 to further discuss House Bill 709 (Protect and Put NC Back to Work). As I have previously noted, there are various extremely dangerous provisions to this proposed law. The irresponsible sponsors of HB 709 / SB 544 seem to have no regard for their constituents based upon their actions.

Further, proponents of the bill are misleading the public regarding the specifics of the legislations. Representative Folwell has repeatedly stated the proposal will not apply to pending claims. Such is evidenced by the misunderstanding of a Fox reporter in a recent story. However, despite Rep. Folwell's lying, HB 709's language indicates that it would apply to all claims.

Truthfully, the application of this proposed bill to any injured worker is a terrible idea. Simply stated, it is a bailout of the insurance industry and employers responsible for the injuries of workers. Who is going to foot the bill? Yes, you guessed it - YOU - the public.

If you have sustained a work injury, or you have questions regarding this proposed legislation, you should immediately contact a Charlotte workers' compensation lawyer. I would be happy to discuss your case or this bill with you to provide some insight regarding your situation.

Whether you are an injured worker or just a concerned citizen, it is important that you contact your local representatives and Governor Perdue to voice your opposition to this bill promptly. The legislators are currently reviewing the bill. It will be voted upon in short order. Don't miss your opportunity to voice your concerns.

Several members of the N.C. Legislature have proposed House Bill 709, which they shamelessly titled "Protect and Put N.C. Back to Work". I'll issue you a simple challenge: read the proposal and then explain with a straight face how the title of the bill is legitimate. It simply isn't; the title is nothing more than a political scam. I recently spoke with one sponsor of the bill, who could not tell me two critical things: (1) the legislator couldn't explain why he sponsored the bill - his eventual response was that the title said "something about putting N.C. back to work" and someone he knew asked him to co-sponsor the bill; and (2) the legislator couldn't explain any of the language in the proposed bill.

Harry Payne serves as senior counsel for policy and law at the N.C. Justice Center. He previously served as a state legislator, a N.C. labor commissioner, and chairman of the Employment Security Commission. Thus, Mr. Payne has a little insight into labor and the political process. He points out the workers' compensation system is a carefully drafted compromise by which injured workers gave up their right to sue their employer in regular (civil) court for actual damages caused by negligence in all but the rarest cases. In exchange, employees received the certainty of having their medical bills paid in a compensable claim, with two thirds of their average weekly wage during their period of recovery for on-the-job injuries.

Despite the fact that North Carolina enjoys average rates for workers' comp insurance, and the business climate is ranked at or near No. 1 in the nation, business lobbyists have somehow persuaded the N.C. legislature there is urgent need for reform of this system which works. The result is a proposal so full of problems, it is truly difficult to address them in a blog post. Essentially, the bill gives complete control of the medical care of an injured worker to the insurance adjuster while ignoring all right to privacy of the patient. It further installs arbitrary caps on medical and indemnity (weekly) benefits without regard to the extent of the disability suffered by the worker in most cases.

Many individuals will debate this proposal in Raleigh. However, thousands of injured workers around N.C., and right here in Charlotte, will suffer its effects. The proponents of this bill will not be the ones to suffer; however, their forgotten constituents will see their lives ruined as they face the unfortunate realities of this bill in terms of their medical treatment and their work capacity. If you suffer an injury at work or otherwise, you should contact a qualified Charlotte personal injury attorney promptly to discuss your legal remedy. However, it is crucial that you contact your representative and oppose this bill immediately.

NewsObserver.Com, Another Loss For Working People, 04/21/11

On February 06, 2011, several members of the North Carolina legislature introduced House Bill 709 (HB 709). The primary sponsors of the bill include: Dale Folwell (Forsyth County), Nelson Dollar (Wake County), Mike Hager (Cleveland / Rutherford Counties), Jim Crawford (Granville / Vance Counties). Co-sponsors include: John Faircloth (Guilford County) and Michael Wray (Northampton / Vane / Warren Counties).

According to the General Assembly, the occupations of these gentlemen include: consultant, private investor, media / public relations consultant, business owner, developer, and real estate broker / owner. A cursory reading of the bill will lead you to understand that these gentlemen have pandered to the special interest of the chamber of commerce, the insurance industry, etc. They have also forsaken the interests of their constituents for the benefit of their personal business endeavors and campaigns.

In the weeks ahead, I will be actively commenting on this assault on your rights. I will follow the status of the proposal and let you know where it is headed. However, it is up to you to take a stand against this proposal by voicing your opposition. Three groups need to be contacted: (1) the Governor, so she is aware of your opposition to the bill in the event it passes; (2) your personal representatives, which are easily located; (3) the sponsors of this bill should be advised of your opinion of their actions. I have listed the sponsors' information below.

Dale Folwell
NC House of Representatives
300 N. Salisbury Street, Room 301F
Raleigh, NC 27603-5925
919-733-5787
Dale.Folwell@ncleg.net
299 S. Westview Dr.
Winston-Salem, NC 27104
336-748-0046

Nelson Dollar
NC House of Representatives
300 N. Salisbury Street, Room 307B1
Raleigh, NC 27603-5925
919-715-0795
Nelson.Dollar@ncleg.net
P. O. Box 1369
Cary, NC 27512
919-233-8399

Mike Hager
NC House of Representatives
300 N. Salisbury Street, Room 306C
Raleigh, NC 27603-5925
919-733-5749
Mike.Hager@ncleg.net
342 Walking Horse Trail
Rutherfordton, NC 28139
828-748-2378

Jim Crawford
NC House of Representatives
16 W. Jones Street, Room 1321
Raleigh, NC 27601-1096
919-733-5824
Jim.Crawford@ncleg.net
509 College St.
Oxford, NC 27565
252-492-0185

John Faircloth
NC House of Representatives
300 N. Salisbury Street, Room 306A3
Raleigh, NC 27603-5925
919-733-5877
John.Faircloth@ncleg.net
2332 Faircloth Way
High Point, NC 27265
336-841-4137

Michael Wray
NC House of Representatives
300 N. Salisbury Street, Room 502
Raleigh, NC 27603-5925
919-733-5662
Michael.Wray@ncleg.net
P. O. Box 904
Gaston, NC 27832
252-535-3297

OrthoCarolina is one of the larger orthopedic medical providers in the Carolinas, if not the Southeast. On April 04, 2011, OrthoCarolina revealed it has acquired NorthEast Orthopedics of Concord, NC. The practice group in Concord will be renamed OrthoCarolina Concord, in keeping with the standard tradition of the facilities within the OrthoCarolina umbrella.

With the inclusion of this latest acquisition, the orthopedic giant now has 94 physicians located at 20 offices in North Carolina and South Carolina. The group has actively pursued other orthopedic groups in recent months. In February of 2011, it acquired Boone Orthopaedics. In October of 2011, OrthoCarolina merged with Scotland Orthopedics.

This merger further illustrates the continuing loss of competition among orthopedic practice groups in the Carolinas, particularly in the Charlotte area. Many individuals fail to realize what an issue this problem is. However, history has proven the lack of competition leads to disastrous results.

Without debating the pros or cons of specific practice groups, I do believe that it is beneficial to the public to offer multiple orthopedic options. Various issues arise during the course of medical treatment, whether litigation is involved or not. Therefore, it beneficial for the patient to have an opportunity to obtain an unbiased second opinion.

If you have encountered an issue regarding your medical treatment in your workers' compensation claim, perhaps you should speak with a knowledgeable Charlotte workers' compensation lawyer. If you otherwise have questions regarding medical care you have received, please feel free to consult our Charlotte attorney.

CharlotteObserver.com, Orthopedic Practices Merge, 04/04/11

The NCAJ expects N.C. Representative Dale Folwell to file a bill to vastly reduce the rights of injured workers in North Carolina sometime prior to March 24. While the exact substance of the proposed legislation is uncertain, the intent of this bill is clear: to pander to the special interests of the N.C. Chamber of Commerce, the Insurance Industry, and large corporations. The legislators proposing this bill will do so at the expense of individuals who suffered legitimate, disabling injuries in North Carolina in their employment. The victim of this law will be you!
It is expected that Representative Folwell and his colleagues will propose legislation that will completely overhaul the current workers' compensation law in North Carolina.

This is a shameless attempt to quickly push through a bill (largely without the public's knowledge), and completely change the law to the detriment of disabled workers for the benefit of special interest groups. The expected bill will do several things, so we'll address the likely issues in turn:

Continue reading "North Carolina Workers' Compensation Bill Threatens Injured Workers" »

There is a lot of misleading information in the recent news regarding North Carolina's business climate. As the Republican Party has taken control of the state legislature, politicians have issued bold promises of cuts to spending and various unspecified "reforms". One area where some politicians more direct is the area regarding the rights of people injured by the negligence of others, and workers injured on the job. House Speaker Thom Tillis has falsely proclaimed that gutting workers' compensation laws and civil remedies for injured parties will stimulate North Carolina business. North Carolina Chamber Governmental Affairs V.P. John McAllister has also indicated that "reform" to N.C.'s workers' compensation system and tort laws are among the Chamber's top initiatives.
WRAL.com, Tillis To Business Leaders; Be Patient, 02/01/11

Unfortunately, but not surprisingly, these politicians and special interest groups like The Chamber have failed to advise the general public of a lot of key information. First, North Carolina actually ranks quite well for businesses: Ranked #1 - 2010 Best Business Climate (Site Selection Magazine); Ranked #1 - 2010 Lowest State & Local Tax Burden on Business (Council on State Taxation and Ernst & Young); Ranked #2 - 2010 Best States for Business (CEO Magazine); Ranked #3 - 2010 The Best State for Business (Forbes); Ranked #4 - 2010 Best State overall for business (CNBC); Ranked #5 - 2010 Pro-Business State (Polina Corporate Real Estate).

Secondly, these same people are attempting to pass legislation that destroys the rights of injured parties in North Carolina, while the general public (average joe) has no understanding of what is actually going on. I'm quite sure that my clients are concerned about the current economic climate of our state. I've heard from your own mouths how you wish the elected officials would stop wasting taxpayer money, and actually do their jobs. What I have yet to hear from any average citizen is that they would actually vote to give up their rights when a negligent party brought serious injury upon them.

I would encourage anyone reading this posting to pay close attention to what is actually going on in the state legislature. It is crucial that you understand what is actually being "pushed", not just listen to the slogan from a professional politician or a lobbyist group. In this political and economic climate, you must guard your individual rights and call / write your personal elected officials to demand they represent you accordingly. If you don't do so, you will find that you will have lost your rights.

If you need more information regarding this ongoing legislative matter, please contact our office.

On December 13, 2010, Judge Henry Hudson of Virginia ruled a major provision of the Federal Government's recent healthcare reform law (commonly referred to as Obomacare) is unconstitutional. You can read Judge Hudson's entire Opinion.

Under the new plan, all citizens must purchase health insurance by 2014 or face a federal fine. Judge Hudson specifically noted this requirement is the problem, stating "it is not the effect on individuals that is presently at issue - it is the authority of Congress to compel anyone to purchase health insurance".

Judge Hudson clearly noted in his opinion the major political implications of this ruling. He also noted that the parties will likely immediately appeal the case, ultimately to the U.S. Supreme Court. It is important to note that the ruling struck down section 1501 of the legislation, but did not grant an injunction against the implementation of the rest of the plan. Therefore, the healthcare reform (Obamacare) will proceed amidst several other challenges. On the other hand, many analysts note that section 1501 provides much of the revenue needed to fund the reformed healthcare format.

President Obama has defended his plan, arguing the requirement for all citizens to purchase health insurance is analogous to the requirement that all motorists purchase automobile insurance. One question I would have in response to that analogy would be: not every citizen drives a car, thus requiring auto insurance; however, every citizen requires medical attention at some point which must be financed via some method. Therefore, I'm not so sure this simplistic analogy really makes sense.

>FoxNews.com, Federal Judge Rules in Favor of Virginia's Central Challenge to Health Care Law, 12/13/10

Regardless of your political views or opinion regarding the Court's ruling on this matter, it's a fact that the impact of health insurance is quite important on individuals who sustain injuries in personal injury or workers' compensation claims. Despite our aggressive representation of clients, it often takes significant period to obtain compensation for these injuries. Access to medical care through health insurance is a huge benefit to anyone suffering in pain and facing a difficult legal battle. I would suggest that you always try to protect your access to health insurance, and immediately seek the counsel of a caring, skilled attorney anytime you are pursuing a case.

Eric Shelton is twenty-seven years old, and lives in Charlotte, North Carolina. He played one season in the NFL during 2006 with the Carolina Panthers. Mr. Shelton later sustained a neck injury during a helmet to helmet collision in the Washington Redskins training camp in 2008. He subsequently filed a claim under the NFL's disability plan for a permanent neck injury. He was awarded benefits for "degenerative" impairments that appear more than six or twelve months after an original injury, rather than the maximum benefit for injuries that cause immediate, permanent harm.

Mr. Shelton has now filed a lawsuit in U.S. District Court alleging the NFL's disability plan improperly withheld benefits for his injury. This case is interesting given the recent publicity regarding helmet-to-helmet impacts in the NFL, and the efforts among both the league and the players' union to reduce the effects of such collisions. Workers' compensation cases filed by former NFL athletes, Mr. Shelton's case, and the recent acknowledgment of the neurological risks of helmet to helmet impacts, could result in increased compensation of NFL players who worked in the era when the league disputed those risks. Cy Smith, who represents Mr. Shelton remarked "Talk is cheap -- it's easy to put out posters and public-service announcements and levy fines for hits that occur on Sundays, but when a player is seriously injured on those hits, the league says something completely different." "The plan's position that this must be degenerative is in sharp contrast to how dangerous these hits are. The mechanism of injury here is what they've said 1,000 times is the most dangerous."

Continue reading "Former Charlotte, North Carolina Football Player Sues For Work-Related Injuries" »

Eli Lilly & Co. has been pushing for expanded use of one of its major drugs (Cymbalta) in recent months. Cymbalta is widely marketed as an antidepressant. Cymbalta is currently approved by the Food and Drug Administration (FDA) to treat depression, diabetic nerve pain, fibromyalgia, and anxiety. The FDA does warn against a variety of potential side-effects from Cymbalta, including: increased suicide rates in younger populations, hepatoxicity, potential liver damage, effects on blood pressure, and risk of bleeding. Nonetheless, 2009 sales for the drug surpassed $3,000,000,000.00.

Eli Lilly & Co. is now seeking FDA approval for the drug's use for chronic pain. The FDA's approval of Cymbalta for this purpose would be the first such approval of a non-traditional analgesic for treatment of chronic pain. If approved, doctors would presumably prescribe Cymbalta more freely to treat conditions such as arthritis and back pain. On 08/19/20, The FDA's Anesthetic and Life Support Drugs Advisory Committee voted to approve the expansion of the drug to treat pain in the broader population. However, the panel recommended utilizing the drug for treatment of lower back pain, while voting against use of it for arthritis of the knee.

While the notion seems to be common sense, the FDA issued a statement that its approval of Cymbalta for treatment of chronic pain will result in more widespread use. However, data comprised for 2009 revealed that two-thirds of such prescriptions were for "off label" / unapproved uses. This data suggests the possibility that the FDA's approval of the drug to treat chronic pain may have a lesser effect than the FDA indicates is likely.

So how could this drug's approval by the FDA impact workers' compensation claimants? I routinely see adjusters and defense attorneys arguing any plausible basis to deny authorization for medical treatment recommended by a physician. Such a basis has certainly included a drug's / medical procedure's lack of FDA approval. We're likely to see physicians in workers' compensation claims prescribing Cymbalta to Plaintiffs in the future on a more common basis if / when this drug obtains formal FDA approval. As this occurs, we will encounter the additional concerns of whether it is the most appropriate drug to be utilized and the myriad of side-effects noted above. Of course, such issues are often difficult to manage given the insurance company's right to direct medical care (pick the doctor) in a compensable workers' compensation claim. I believe one additional benefit of a more streamlined practice is a direct, "working" knowledge of my client's treatment, which helps address some of these very issues.

Lilly Moves Closer to Approval to Market Cymbalta for Chronic Pain, The New York Times 08/19/2010